Shapiro v. Fidelity Investments Institutional Operations Company, Inc.
||Fidelity Investments Institutional Operations Company, Inc.
||August 1, 2014
||US District Court for the Eastern District of Kentucky
||David L. Bunning
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
|Jury Demanded By:
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|August 27, 2015
ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Magistrate Judge's R&R 26 is ADOPTED as findings of fact and conclusions of law EXCEPT as it pertains to the recommendation that plaintiff failed to exhaust administrative remedi es. Although the Court sustains Shapiro's objection that exhausting administrative remedies would be futile, the Court finds that Shapiro's claim fails to state a claim upon which relief can be granted. 2) Defendant's motion to dismiss amended complaint 11 is GRANTED. 3) Plaintiff's motion for leave to file second amended complaint 15 is DENIED WITH PREJUDICE. 4) Defendant's alternative motion to dismiss plaintiff's second amended complaint 25 is DENIED AS MOOT. 5) This matter is DISMISSED and STRICKEN from the docket. Signed by Judge David L. Bunning on 8/27/2015.(TJZ)cc: COR, Mark Shapiro via US Mail
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